IREC Rule No.1320: (FR-26) Reckoning Service For Increments

1320. (FR-26) Reckoning Service For Increments:-

The following provisions prescribe the conditions on which service counts for increments in a time-scale;

(a)   All duty in a post on a time-scale counts for increments in that time-scale;

Provided that, for the purpose of arriving at the date of the next increment in that time-scale, the total of all such periods as do not count for increment in that time-scale shall be added to the normal date of increment.

(b)   (i)    Service in another post, other than a post carrying less pay referred to in clause (a) of Rule 227 (FR-15) whether in a substantive or officiating capacity, service on deputation out of India and leave except extraordinary leave taken otherwise than on medical certificate, shall count for increments in the time-scale applicable to the post on which the railway servant holds a lien, as well as in the time-scale applicable to the post or posts, if any on which he would hold a lien had his lien not been suspended.

Provided that the service rendered in an ex-cadre post shall not be reckoned for fixation of pay in another ex-cadre post and the pay in subsequent ex-cadre post shall be fixed under the normal rules with reference to pay in the cadre post.

(ii) All leave except extraordinary leave taken otherwise than on medical certificate and the period of deputation out of India shall count for increment in the time-scale applicable to a post in which a railway servant was officiating at the time he proceeded on leave or deputation out of India and would have continued to officiate but for his proceeding on leave or deputation out of India:

Provided that the competent authority may, in any case in which he is satisfied that the extra-ordinary leave was taken for any cause beyond the railway servant’s control or for prosecuting higher scientific and technical studies, direct that extraordinary leave shall be counted for increments under clause (i) or (ii).

(c) (i)       If a railway servant, while officiating in a post or holding a temporary post on a time-scale of pay, is appointed to officiate in a higher post or to hold a higher temporary post, his officiating or temporary service in the higher post shall, if he is re-appointed to the lower post, or is appointed or re-appointed to a post on the same time-scale of pay, count for increment in the time-scale applicable to such lower post. The period of officiating service in the higher post which counts for increment in the lower post is, however, restricted to the period during which the railway servant would have officiated in the lower post but for his appointment to the higher post. This clause applies also to a railway servant who is not actually officiating in the lower post at the time of his appointment to the higher post, but who would have so officiated in such lower post or in a post on the same time-scale of pay had he not been appointed to the higher post.

(ii)      If a railway servant on reversion from an ex-cadre post to the present cadre is appointed to a post on a scale lower than that of the ex-cadre post but not on the same time-scale as the post held at the time of his transfer to the ex-cadre post, the service rendered on the higher scale in the ex-cadre post, shall count for increments in the time-scale applicable to the cadre post subject to the same conditions as are laid down for cases falling under proviso (1)(iii) to Rule 1313 (FR-22).

(d)   Foreign service counts for increments in the time-scale applicable to;

(i)    The post in railway service on which the railway servant concerned holds a lien as well as the post or posts if any, on which he would hold a lien had his lien not been suspended;

(ii)    The post in railway service in which the railway servant was officiating immediately before his transfer to foreign service, for so long as he would have continued to officiate in that post or a post on the same time-scale but for his going on foreign service; and

(iii)   Any post in the parent cadre on a lower scale of pay to which the railway servant is appointed on reversion from the ex-cadre post subject to the fulfillment of the conditions mentioned in proviso (1) (iii) to Rule 1313 (FR-22).

(e)   Joining time counts for increment;

(i)    If it is under clause (a) or clause (c) of FR-105 (Rule 1101) in the time scale applicable to the post on which a railway servant holds a lien or would hold a lien had his lien not been suspended as well as in the time-scale applicable to the post, the pay of which is received by a railway servant during the period; and

(ii)    If it is under clause (b) of FR-105 in the time-scale applicable to the post / posts on which the last day of leave before commencement of joining time counts for increments.

Explanation: For the purposes of this rule, the period treated as duty under sub-clause (b) of clause (6) of FR-9 [Rule 103(15)] shall be deemed to be duty in a post if the railway servant draws pay of that post during such period.

Government Of India’s Orders:

In connection with leave taken by X, the Deputy Director, Intelligence, when the organization was on a temporary basis, the question was raised whether the order is contained in paragraph 8 of the Finance Department Resolution No.1559-E.A., 16.08.1921, vide Government of India’s orders (1) above were applicable to him.

The Government of India have consulted the Auditor General who agrees that outside the transitional stage when posts on graded pay were changed to time-scales, these orders do not permit any concessions which are not now admissible under the ordinary Fundamental Rules, while on the other hand they restrict the grant of the concessions which is permissible under FR-26(d). As, however, these orders are permissible under FR-21 (Rule 1312) in the case of time-scale sanctioned by the Secretary of State, his sanction is necessary to their cancellation. The Secretary of State in Council has authorized the Government of India to apply in consultation with the Auditor General the principles of the Fundamental Rules in cases in which concessions admissible under the Fundamental Rules cannot be applied to a period of service in administrative post.

Audit Instructions:

(1)   Intention of FR-26(c) (Rule 1320): The intention of this rule is to allow the concession irrespective of whether the higher post is within or outside the Department to which the Government servant belongs.

(2)   Overstayal of leave: A period of overstayal of leave does not count for increment in a time-scale unless under FR-85(b) it is commuted into extraordinary leave and under the proviso to FR-26(b) [1320(b)], the extraordinary leave is specially allowed to count for increments.

(3)   Increment admissible to a probationer: If a probationer is confirmed at the end of a period of probation exceeding 12 months, he is entitled to claim retrospectively the increments which, but for his probation, he would have received in the ordinary course.

(4)   Increments of officiating government servants during absence on duty: In the case of a Government servant who, while officiating in one post, is appointed to officiate in another, the period of joining time spent in proceeding from one post to the other should be treated as duty in the post, the pay of which the Government servant draws during the period and will count for increment in the same post under FR-26(a) [1320(a)].

In the case of a Government servant while officiating in a post, proceeds on training or to attend a course of instruction and who is treated as on duty while under training the period of such duty will count for increment in the post in which he was officiating prior to his being sent for training or instruction if he is allowed the pay of the officiating post during such period.

(5)   Although joining time taken under Rule 1101 (Fundamental Rules 105(b) and (c) is treated as duty under Rule 103(15)(a)(i) [Fundamental Rule 9(6)(a)(ii)] it cannot be treated as duty for the purposes of increment in an officiating post in as much as only leave salary is drawn for the period.

Railway Board’s orders: Increments for service in temporary post converted into permanent post:

Service in a temporary post which is converted into a permanent post on a different rate of pay shall not count for increments in the latter post even though the duties remain the same.

[Authority: No.0154-F, 23.07.1937]

President’s Decisions:

(1)  As to whether the certificate as contemplated in FR-26(b)(ii) [1320(b)(ii)] can be issued to more than one officer in respect of the same post and for the same period of leave if the condition laid down therein, namely their continuance otherwise in the post in question is fulfilled in each case, the President has been pleased to decide that the certificate envisaged in the aforesaid rule may be furnished by the competent authority, if necessary, in respect of more than one person, subject, of course, to other consideration namely, their continuance otherwise in the post in question.

[Authority: No.F(E)52-RC-3(1), 25.10.1957]

(2)  The benefit of Rule 1320 is admissible also to a Railway servant who while officiating in a higher post or holding a temporary post under the administrative control of the Ministry of Railways is appointed to officiate in higher posts or appointed to hold higher temporary posts or appointed to higher temporary posts under a State Government.

[Authority: No.F(E)58/PA-1/3, 23.12.1958]

(3)  A question has been raised whether a certificate as envisaged in FR- 26(b)(ii) [1320(b)(ii)] would be necessary in the case of Railway servants engaged on contract who are governed by the leave rules applicable on the Indian Railways. It has been decided that the certificate under the above rule may be dispensed with in case where officers are appointed on contract to specific posts and proceed on leave from those posts.

In the case of officers who are given indefinite contracts without specifying any particular posts and other contract officers who, though appointed initially to specific posts, are transferred in an officiating capacity to other posts and who proceed on leave thereafter, the certificate under the above rule will be necessary to count the period of such leave for increments in the posts which they hold in an officiating capacity immediately prior to proceeding on leave.

[Authority: No.F(E)58/ICI/1, 19.12.1958]